What is the refund process of the project quality deposit?

1. The construction unit applies to the Quality Inspection Section of the Housing and Construction Bureau. 2, the city property management office signed a refund opinion and stamped with the official seal and then returned to the quality supervision department to return the goods. 3. If there is no problem during the announcement period, it shall be confirmed by the property, signed by the leaders of the property management department and reported to the General Department for review without objection, and returned to the Quality Supervision Department of the Housing and Construction Bureau after being sealed.

It is common for the employer and the contractor to detain the project quality deposit within a certain period of time. Although it needs to be returned in full after the shelf life, in order to avoid disputes, it must be returned according to certain procedures. According to the relevant management measures of the project quality deposit, the provisions of this process are formulated. Specifically, what is the process of returning the project quality deposit?

A, the project quality deposit refund process

When the return conditions are met, Party B shall apply to the Quality Assurance Management Department for return, and attach copies of the following materials: the project completion acceptance certificate, the contract page signed by the site cost engineer of the Contract Department, the payment application, the quality assurance return approval form, the financial statement (the second original) and the copy of the invoice. After the Quality Assurance Management Department signs the opinions and amount of return on the Approval Form for Quality Margin Return, it will be submitted to the Quality Margin Management Department for review, and the amount and form of this return will be finally determined, and the Finance Department will be notified to handle the relevant return procedures.

1. The specific process is as follows:

(a) the construction unit shall apply to the Quality Inspection Section of the Housing and Construction Bureau.

(two) signed by the municipal property management office and returned to the quality supervision department.

1, the property management department sent people to the community to ask the property management company to hang banners in the community.

2. Post a notice at the door of each unit:

(3) If there is no problem during the announcement period, it shall be confirmed by the property, signed by the leaders of the property management department and reported to the General Department for review without objection, and returned to the Quality Supervision Department of the Housing and Construction Bureau after being sealed.

(4) If there are any problems reflected, the property management department will instruct the development and construction unit to carry out maintenance after statistical sorting. If the maintenance is qualified, it shall be reported to the property management department for confirmation, signed by the owner and sealed by the property.

2. Return amount and time:

If there is no clear agreement in the contract, in principle, the quality warranty money will be returned once the quality warranty expires. However, the following payments/fees shall be deducted upon return:

1) Deduction amount of liquidated damages for quality deposit specified in the audited notice;

2) Various payments made on behalf of Party B during the warranty period;

3) The amount that Party B fails to pay but the quality warranty management department determines that it should pay;

4) Make corresponding compensation for the losses caused by quality defects;

5) Other circumstances that need to be deducted.

Two, the construction project quality margin management measures

Article 1 These Measures are formulated in accordance with the Construction Law of People's Republic of China (PRC), Regulations on Quality Management of Construction Projects, Notice of General Office of the State Council on Clearing and Standardizing the Security Deposit in the Field of Construction Projects, and Provisions on Financial Management of Capital Construction in order to standardize the management of the security deposit in construction projects and implement the maintenance responsibility during the liability period of engineering defects.

Article 2 The term "construction project quality deposit" as mentioned in these Measures refers to the funds agreed by the employer and the contractor in the construction project contract, which are reserved from the payable project funds to ensure the contractor to repair the defects of the construction project during the defect liability period.

Defects refer to the fact that the quality of construction projects does not meet the mandatory standards, design documents and contract stipulations.

The defect liability period is generally 1 year, and the longest is not more than 2 years, which shall be agreed by both parties in the contract.

Article 3 The Employer shall specify the contents of the deposit reserved and returned in the tender documents, and make an agreement with the Contractor on the following matters of the deposit in the terms of the contract:

(a) the way to reserve and return the deposit;

(2) The proportion and term of deposits;

(3) Whether the deposit pays interest, and if so, the calculation method of interest;

(four) the duration and calculation method of the defect liability period;

(five) procedures for handling disputes such as deposit reservation, return and engineering maintenance quality and cost;

(6) Claims for defects during the defects liability period;

(seven) the payment method and the liability for breach of contract for overdue return of the deposit.

Article 4 During the defects liability period, for government investment projects that are subject to centralized payment by the state treasury, the deposit management shall be implemented in accordance with the relevant provisions of centralized payment by the state treasury. Other government investment projects, the deposit can be reserved in the financial sector or the employer. During the defect liability period, if the employer is revoked, the deposit together with the delivered assets shall be handed over to the employer for management, and the employer shall be the employer.

If the social investment project adopts the method of reserving the deposit, the developer and the contractor may agree to entrust the deposit to a third-party financial institution for safekeeping.

Article 5 The bank guarantee system shall be implemented, and the contractor may use the bank guarantee instead of the reserved deposit.

Article 6 If the performance bond has been paid before the completion of the project, the employer shall not reserve the project quality bond at the same time.

If other guarantee methods such as project quality deposit and project quality insurance are adopted, the Employer will not reserve any deposit.

Article 7 The Employer shall reserve the deposit in the way agreed in the contract, and the total proportion of the deposit shall not be higher than 3% of the total settlement amount of the project price. If it is stipulated in the contract that the contractor replaces the reserved deposit with a bank guarantee, the amount of the guarantee shall not be higher than 3% of the total settlement amount of the project price.

Article 8 The defects liability period shall be calculated from the date when the project is completed and accepted. If the project cannot be completed and accepted within the specified time limit due to the contractor's reasons, the defect liability period shall be calculated from the date when the project actually passes the completion acceptance. If the project cannot be completed and accepted within the specified time limit due to the reasons of the Employer, the project will automatically enter the defect liability period 90 days after the contractor submits the completion acceptance report.

Article 9 During the defect liability period, the contractor shall be responsible for the maintenance of defects caused by the contractor, and bear the appraisal and maintenance expenses. If the contractor does not repair or bear the cost, the employer may deduct it from the deposit or bank guarantee as agreed in the contract. If the cost exceeds the guaranteed amount, the employer may claim compensation from the contractor as agreed in the contract. The contractor shall not be exempted from the liability for compensation for engineering losses after maintenance and bear the corresponding expenses.

For the defects caused by other people's reasons, the Employer shall be responsible for organizing the maintenance, and the Contractor shall not bear the expenses, and the Employer shall not deduct the expenses from the deposit.

Article 10 During the defects liability period, the contractor shall earnestly perform the responsibilities stipulated in the contract, and after the expiration, the contractor shall apply to the employer for refund of the deposit.

Article 11 After receiving the contractor's application for refund of the deposit, the employer shall check with the contractor within 14 days according to the contents agreed in the contract. If there is no objection, the Employer shall refund the deposit to the Contractor as agreed. If there is no agreement or unclear agreement on the return period, the Employer shall return the deposit to the Contractor within 14 days after verification. If the deposit is not returned within the time limit, it shall be liable for breach of contract according to law. If the Employer fails to reply within 14 days after receiving the contractor's application for refund of the deposit, and fails to reply within 14 days after the reminder, it shall be deemed as agreeing to the contractor's application for refund of the deposit.

Article 12 In case of disputes between the Employer and the Contractor over the deposit reservation and return, as well as the quality and cost of engineering maintenance, they shall be handled in accordance with the dispute and dispute settlement procedures agreed in the contract.

Article 13 In the case of general contracting of a construction project, the rights and obligations of the general contractor and subcontractors related to the deposit shall be implemented with reference to the corresponding rights and obligations of the employer and the contractor in these Measures.

Article 14 These Measures shall be interpreted by the Ministry of Housing and Urban-Rural Development and the Ministry of Finance.

Article 15 These Measures shall come into force on July/July/July/July/July/July/July, and the original Measures for the Administration of Construction Project Quality Margin (J.Q. [20 1 6] No.295) shall be abolished at the same time.

If there is no problem with the project quality during the project warranty period, the contractor may require the other party to pay the quality deposit reserved before, and handle it according to the process of returning the project quality deposit. After paying, it is necessary to disclose the paid information, which is also to avoid disputes. If the other party refuses to pay for other reasons, the contractor may apply for legal appeal.